Legal Question in Medical Malpractice in Pennsylvania

dentist in malpractice suit wants psych. records

I'm suing a dentist for malpractice and he wants access to my psychiatrist's records, even though I'm not claiming that I saw the psychiatrist because of him. my lawyer said if we drop the emotional distress claim, they won't get the psych. records, but now they're going after them anyway. i have great experts and he has no defense, and I say they're only doing this to try to intimidate me into dropping the lawsuit, because he knows I don't want my private life made public. interestingly enough, he's not goiung after my medical records. There's nothing in those records that has anything to do with my teeth, or the fact that he overdrilled them, so can he get away with this? at the very least, shouldn't the defense have to show some possible reason why they may be of value? My treating dentist (my expert) can't imagine they'd help his case at all and neither can i.. shouldn't i fight this?


Asked on 2/11/03, 5:32 am

2 Answers from Attorneys
Jerry Meyers Meyers Evans & Associates, LLC

Re: dentist in malpractice suit wants psych. records

You should rely upon the advise of your attorney. After you have the alternatives presented to you, you have to make a choice. Whether you can ultimately prevent the release of confidential records depends upon the facts known to your lawyer.

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Answered on 2/11/03, 10:23 am
Scott Diamond DIAMONDLAWYER

Re: dentist in malpractice suit wants psych. records

your lawyer needs to obtain a protective order

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Answered on 2/11/03, 10:48 am


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